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Ownership Claim Provides Standing to Contest Forfeiture

By Shari Allison

U.S. v. $148,840.00 in U.S. Currency, 2008 WL 901783 (4/4/08) (Published) - The claimant established standing to challenge the forfeiture of money found in the trunk of a rental car he was driving, even though he refused, on Fifth Amendment grounds, to disclose how he came to own the money. It was enough that the claimant asserted ownership and was in possession of the currency. It would not have been enough to just assert possession. By asserting ownership, the claimant has shown he would suffer an injury in fact if the currency were forfeited. The 10th stressed the claimant's standing at this point only gives him the right to contest forfeiture. It does not mean he will prevail. The 10th also pointed out the government had not moved to strike the claimant's ownership deposition testimony on the ground that the witness asserted the Fifth to avoid answering relevant questions, while freely responding to questions advantageous to his cause.continue to full post

Full post as published by Tenth Circuit Blog on April 09, 2008 (boomark / email).